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06-05-2018 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY JUNE 05, 2018, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES CALL TO ORDER — Mayor Pro Tern Johnson called the meeting to order at 7:16 p.m. INVOCATION — Led by Pastor Samuel Martinez from Amazing Love Ministries PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tern Lloyd Johnson ROLL CALL Present: Councilman Spence (arrived at 8:30 p.m.), Councilmember Toma, Councilmember Warshaw, Councilman Wu, Mayor Pro Tern Johnson Staff Present: City Manager Chris Freeland, Assistant City Manager/Community Services Director Nikole Bresciani, Deputy City Manager Laura Biery, City Attorney Kimberly Hall Barlow, Public Works Director Chino Consunji, Planning Director Jeff Anderson, Fire Chief Larry Whithorn, Public Works Superintendent Micah Martin, Senior Planner Ron Garcia, Community and Economic Development Manager Paulina Morales, Assistant City Clerk Rosalia Butler, Assistant City Engineer Monica Heredia Tuesday June 05, 2018 REPORTING OUT FROM CLOSED SESSION City Attorney Hall Barlow indicated that no reportable action was taken. CHANGES TO THE AGENDA City Manager Freeland indicated that there were no changes to the agenda. CITY COUNCIL REORGANIZATION Appointment of Mayor and Mayor Pro Tern Mayor Pro Tern Johnson was sworn in as the new Mayor of West Covina, rendering Councilman Wu the new Mayor Pro Tern. ORAL COMMUNICATIONS - Five (5) minutes per speaker Valerie Martinez spoke in regards to the Heritage Park Senior Apartments and expressed concerns regarding the process tenants must adhere to in order to qualify for low-income housing. Rhonda Martinez expressed concerns regarding the manner in which tenants are selected to qualify for low-income housing at Heritage Park Senior Apartments and asked Council for assistance in rectifying this matter. Lisa Peralta expressed concerns regarding Councilman Spence's seat on the City Council and suggested that he step down from office. Brian Tabatabai spoke on constitutional rights and stated that Councilman Spence should resign from his position on the City Council. Yoko J. Igawa spoke on behalf of Foothill Transit and stated that during the Summer months they will be offering shuttle services for events held at both the Rose Bowl and the Hollywood Bowl. Tam Dinh requested for the City Council to re-instate the Miss West Covina Pageant and stated that this pageant would give young women a platform to showcase their talents and skills. Herb Redholtz expressed concerns regarding the enforcement of the sign ordinance prohibiting political signs in public areas. He also spoke on Item No. 23 and shared his approval regarding the prioritization of West Covina speakers, but stated that a Resolution would not be necessary and the Mayor should continue to select the order in which the speakers are heard. John Shewmaker shared his concerns regarding the City's budget and requested for an increase in transparency regarding all outgoing expenditures. 2 Tuesday June 05, 2018 Jim Grivich expressed concerns regarding the fiscal state of the City, and gave a brief PowerPoint Presentation concerning the Consumer Pricing Index and how it relates to City expenditures. Laura Vieyra expressed approval regarding the Miss West Covina pageant, and requested for Councilman Spence to vacate his position on the City Council. Remy Contreas shared his concerns regarding the overall progress of the construction on the 10 Freeway. Frederick Sykes expressed his disapproval regarding Councilman Spence's position on the City Council. Gayle Mason thanked the Planning Commission for their hard-work and efficiency and stated her approval regarding Item No. 16. Alfred Williams stated that a plan needed to be implemented by Council to address and improve the undesirable conditions of the wash located on Walnut Creek Parkway. Lawrence Murata-Shih congratulated Mayor Johnson on his new position and expressed concerns regarding Councilman Spence's position on the Council. Robert Tones asked Mayor Johnson, Mayor Pro Tern Wu, Councilmember Toma, and Councilmember Warshaw to urge Councilman Spence to resign from his seat on the City Council. City Manager Freeland gave responses to speaker inquiries. CONSENT CALENDAR APPROVAL OF MEETING MINUTES (receive & file) 1) May 14, 2018 Special Meeting - Community Budget Workshop Minutes May 15, 2018 Special Closed Session Meeting Minutes May 15, 2018 Regular City Council/Successor Agency Meeting Minutes May 17, 2018 Special City Council Meeting Minutes May 29, 2018 Special Meeting - "Taking Back Our Community" Workshop Minutes A motion was made by Councilmember Warshaw and seconded by Mayor Pro Tern Wu to approve the aforementioned meeting minutes. Motion was carried by a vote of 4-0. AYES: Toma, Warshaw, Wu, Johnson NOES: None ABSENT: Spence 3 Tuesday June 05, 2018 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) March 13, 2018 Community & Senior Services Commission Meeting Minutes It is recommended that the City Council receive and file the Summary of Actions for the Special Community and Senior Services Commission Meeting of March 13, 2018. A motion was made by Councilrnember Warshaw and seconded by Mayor Pro Tern Wu to approve the aforementioned meeting minutes. Motion was carried by a vote of 4-0. AYES: Torna, Warshaw, Wu, Johnson NOES: None ABSENT: Spence CLAIMS AGAINST THE CITY 3) Government Tort Claim Denials It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: • Michele Marquez vs. The City of West Covina • Marilyn Schneider vs. The City of West Covina A motion was made by Councilmember Warshaw and seconded by Mayor Pro Tern Wu to deny the aforementioned Government Tort Claims. Motion was carried by a vote of 4-0. AYES: Toma, Warshaw, Wu, Johnson NOES: None ABSENT: Spence CITY MANAGER'S OFFICE 4) Sale of Surplus Land for Residential Development (APNI4 8468-016-901 and 8468- 014-901) CEQA Exemption, Projects Consistent with a Community Plan, General Plan, or Zoning Ti is recommended that the City Council authorize the City Manager to execute the necessary documents to facilitate the sale of APN# 8468-016-901 and 8468-014-901 to MLC Holdings (Meritage Homes) for the development of residential housing project. The Purchase and Sales agreement will be in substantially the form as attached. Mayor Pro Tern Wu pulled Item No. 4 for further discussion and clarification. City Manager Freeland addressed Mayor Pro Tern Wu's concerns and stated that a representative from MLC Holdings would provide further information regarding the item 4 Tuesday June 05, 2018 in question. A representative from MLC Holdings clarified what the expected start date of construction for pending residential projects and stated that the company expected to break ground by the end of the year. A motion was made by Mayor Pro Tern Wu and seconded by Councilmember Warshaw to authorize the City Manager to execute the necessary documents to facilitate the sale of ..APN# 8468-016-901 and 8468-014-901 to MLC Holdings (Meritage Homes) for the development of residential housing project. The Purchase and Sales agreement will be in substantially the form as attached. Motion was carried by a vote of 4-0. AYES: Toma, Warshaw, Wu, Johnson NOES: None ABSENT: Spence COMMUNITY & ECONOMIC DEVELOPMENT 5) Extension of the Exclusive Negotiation Agreement with Singpoli Group LLC for Development of Former BKK Landfill (APN No.'s: 8735-002-906, 8735-002-909, 8735-002-910, 8735-002-018) It is recommended that the City Council authorize the City Manager to execute an Extension to the Exclusive Negotiation Agreement (ENA) with Singpoli Group LLC (Singpoli) through December 14, 2018 for the development of the former BKK landfill (APN No.'s: 8735-002-906, 8735-002-909, 8735-002-910, and 8735-002-018). A motion was made by Couneilmember Warshaw and seconded by Mayor Pro Tern Wu to execute an Extension to the Exclusive Negotiation Agreement (ENA) with Singpoli Group LLC (Singpoli) through December 14, 2018 for the development of the former BKK landfill (APN No.'s: 8735-002-906, 8735-002-909, 8735-002-910, and 8735-002-018). Motion was carried by a vote of 3-1 with Councilmember Toma in opposition. AYES: Warshaw, Wu, Johnson NOES: Toma ABSENT: Spence FINANCE DEPARTMENT 6) FY 2018-19 Investment Policy It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ADOPTING THE UPDATED STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2018-19 5 Tuesday June 05, 2018 Councilmember Warshaw pulled Item No. 6 for further discussion, and inquired about hiring a different investment company to perform the services that would adhere to City expectations. A motion was made by Councilmember Warshaw and seconded by Councilmember Toma to adopt Resolution No. 2018-62, with the stipulation that City staff consider hiring a different vendor to perform future investment services for the City. Motion was carried by a vote of 4-0. AYES: Tom a, Warshaw, Wu, Johnson NOES: None ABSENT: Spence 7) Resolution No. 2018-64 Amending the Fund Balance Reserve Policy for the General Fund It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE FUND BALANCE RESERVE POLICY FOR THE GENERAL FUND A motion was made by Councilmember Warshaw and seconded by Mayor Pro Tem Wu to adopt Resolution No. 2018-64, Motion was carried by a vote of 4-0. AYES: Tama, Warshaw, Wu, Johnson NOES: None ABSENT: Spence FIRE DEPARTMENT 8) Third Amendment with Wittman Enterprises, LLC, for Ambulance Billing Services It is recommended that the City Council take the following actions: 1) Authorize the City Manager, or his designee, to sign the third amendment to the Professional Services Agreement with Wittman Enterprises, LLC, for ambulance billing services; and 2) Authorize the City Manager or his designee, to execute the optional, one-year renewal terms following the initial 36-month term. A motion was made by Councilmember Warshaw and seconded by Mayor Pro Tem Wu to approve the aforementioned actions. Motion was carried by a vote of 4-0. 6 Tuesday June 05, 2018 AYES: Toma, Warshaw, Wu, Johnson NOES: None ABSENT: Spence 9) Amendment to Services Agreement Between Regents of the University of California and the City of West Covina It is recommended that the City Council authorize the City Manager, or his designee, to sign the amendment to the services agreement with the Regents of the University of California, to extend the current agreement through June 30, 2021. A motion was made by Councilmember Warshaw and seconded by Mayor Pro Tern Wu to sign the amendment to the services agreement with the Regents of the University of California, to extend the current agreement through June 30, 2021. Motion was carried by a vote of 4-0. AYES: Tom a, Warshaw, Wu, Johnson NOES: None ABSENT: Spence 10) Purchase of Fire Department Command Vehicle It is recommended that the City Council take the following actions: 1) Approve a purchase order to National Auto Fleet Group in the amount of $139,231.43 (including sales tax, delivery, and options) for the purchase of one 2018 Ram 3500 Crew Cab 4x4 Short Bed with Shell ("Command Vehicle"). And waive formal contract procedures in accordance with the Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333(i)(2), which states that when successful bidder for a contract with another county, city, special district, or other local agency makes the same written bid to the city, and the purchasing officer finds that the other local agency originally obtained the bid pursuant to formal contract procedures at least as rigorous as those of the city, that the formal contract procedures may be waived; and 2) Approve a purchase order to Motorola Solutions in the amount of $45,665.41 (including sales tax and delivery) for the purchase of radios for the Command Vehicle; and 3) Approve a purchase order to Commline, Inc. in the amount of $7,943.80 (including sales tax and delivery) for the purchase of a mobile data computer ("MDC") and related accessories for the Command Vehicle; and 4) Establish Project No. V-18037; and 5) Adopt the following resolution: 7 Tuesday June 05, 2018 RESOLUTION NO. 2018-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY I, 2017 AND ENDING JUNE 30, 2018 (Purchase of One Fire Command Vehicle) Councilmember Warshaw pulled Item No. 10 for further discussion and expressed his approval regarding said item. Chief Whithorn stated that while there is a significant cost to replace the 17-year-old vehicle, it is an essential part of the West Covina Fire Department. Mayor Pro Tern Wu asked what account said vehicle would be charged from. City Manager Freeland clarified that the funds would not be taken from the General Fund and that additional accounts are available to fund the command vehicle. Councilmember Toma asked Chief Whithom for clarification regarding the command vehicle's functions and why it is integral to the City. Chief Whithorn clarified that the command vehicle is used by Assistant Fire Chiefs and On-Scene Commanders to implement emergency plans and manage large scale incidents. A motion was made by Councilmember Warshaw and seconded by Councilmember Toma to approve the aforementioned actions and adopt Resolution No. 2018-63. Motion was carried by a vote of 3-2 with Mayor Pro Tern Wu and Mayor Johnson in opposition. AYES: Toma, Warshaw, Spence NOES: Wu, Johnson ABSENT: None 11) Fiscal Year 2017-18 Budget Amendment It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY I, 2017, AND ENDING JUNE 30, 2018 (Fire Department Strike Team Reimbursement) A motion was made by Councilmember Warshaw and seconded by Mayor Pro Tern Wu to adopt Resolution No. 2018-67, Motion was carried by a vote of 4-0. AYES: Toma, Warshaw, Wu, Johnson NOES: None ABSENT: Spence 8 Tuesday June 05, 2018 PUBLIC WORKS 12) Award of Construction Contract for Residential Streets Rehabilitation in Community Development Block Grant Eligible Neighborhood (Project No. SP- 18038) It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute a contract agreement with All American Asphalt of Corona, California in the amount not-to-exceed $427,770 for the construction of the Residential Streets Rehabilitation in Community Development Block Grant (CDBG) eligible neighborhood; and 2) Adopt the following resolution: RESOLUTION NO. 2018-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 AND ENDING JUNE 30, 2018 (Construction for Residential Street Rehabilitation in CDBG Eligible Neighborhood) A motion was made by Councilmember Warshaw and seconded by Mayor Pro Tern Wu to approve the aforementioned actions and adopt Resolution No. 2018-66. Motion was carried by a vote of 4-0. AYES: Toma, Warshaw, Wu, Johnson NOES: None ABSENT: Spence 13) Approval of Final Parcel Map No. 73142 Location: 524 S. Barranca Street Subdivider: Eastern Sakura Enterprises, Inc. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-68 - A RESOLUTION OF THE CITY COUNCIL OF THE crry OF WEST COVINA, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 73142 LOCATED AT 524 S. BARRANCA STREET (Eastern Sakura Enterprises, Inc.) A motion was made by Councilmember Warshaw and seconded by Mayor Pro Tern Wu to adopt Resolution No. 2018-68. Motion was carried by a vote of 4-0. AYES: Toma, Warshaw, Wu, Johnson NOES: None ABSENT: Spence 9 Tuesday June 05, 2018 14) Acceptance of Public Improvements for Compressed Natural Gas Facility Upgrades at the City Yard (Project No. BP-16038) It is recommended that the City Council take the following actions: 1) Accept the Compressed Natural Gas Facility Upgrades at the City Yard for Project No. BP-16038; and 2) Authorize the recordation of Notice of Completion with the Los Angeles County Recorder; and 3) Authorize the release of retention funds 35 days after recordation of the Notice of Completion. A motion was made by Councilmember Warshaw and seconded by Mayor Pro Tern Wu to approve the aforementioned actions. Motion was carried by a vote of 4-0. AYES: Tom, Warshaw, Wu, Johnson NOES: None ABSENT: Spence END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 15) Public Hearing Regarding West Covina Auto Plaza Business Improvement District Fiscal Year 2018-2019 Annual Report and Assessment a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion I) Recommendation: It is recommended that City Council adopt the following resolution: RESOLUTION NO. 2018-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMNG THE ANNUAL REPORT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2018-2019 AND LEVY OF ASSESSMENT 10 Tuesday June 05, 2018 Mayor Johnson opened the public hearing. Community and Economic Development Manager Morales gave a brief report regarding Item No. 15 and stated that the Advisory Board for the West Covina Auto Plaza Business Improvement District (BID) approved the annual budget increase of 23 cents for the upcoming Fiscal Year of 2018-2019. This increase constituted an additional public meeting for Council approval and public discussion. Councilmember Toma asked if the aforementioned item was placed on the agenda due to the small amount of the increase. City Attorney Hall Barlow clarified that a public hearing was necessary due to the slight increase in budgetary funds. Mayor Johnson opened the public testimony portion of the public hearing. After seeing no one from the public wishing to speak, Mayor Johnson closed the public testimony portion of the public hearing and asked Council if they had any additional comments. A motion was made by Councilmember Toma and seconded by Councilmember Warshaw to adopt Resolution No. 2018-61. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None 16) Code Amendment 17-03 Accessory Dwelling Units General Exemption a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion 0 Recommendation: It is Planning Commission and staffs recommendation that the City Council introduce, waive further and give first reading to the following ordinance: ORDINANCE NO. 2441 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE VI, ARTICLE VIII, ARTICLE XII AND ARTICLE XIII OF CHAPTER 26 OF THE MUNICIPAL CODE TO AMEND ZONING REGULATIONS APPLICABLE TO ACCESSORY DWELLING UNITS Mayor Johnson opened the public hearing. Planning Director Anderson gave a brief PowerPoint Presentation regarding Accessory 11 Tuesday June 05, 2018 Dwelling Units (ADU) and discussed the proposed code amendment and zoning regulations that must be changed to be compliant with recently adopted state standards. Mayor Pro Tem Wu asked Planning Director Anderson to clarify how the number for the minimum lot size was determined. He also asked how many residents could build an ADU on their property. Planning Director Anderson addressed Mayor Pro Tem Wu's concerns and shared that the minimum lot size of 12,000 feet was determined by a previous City Council and that the current Council can change the minimum lot size allowance if they wish to do so. Mr. Anderson also stated that any resident can build an ADU attached to their existing residence without having to adhere to the 12,000 square feet minimum lot size regulation. However, if the resident wants to build an ADU that is not attached to their residence, they would have to comply with the established 12,000 square feet requirement. Councilmember Toma asked Planning Director Anderson to describe what an attached ADU might look like. Planning Director Anderson explained that an attached ADU would usually be located in the back of a residential lot, or attached to a garage, but must contain a kitchen facility with running water and basic kitchen appliances. Councilman Spence shared that a detached ADU would be 25 feet away from a neighbor's property and expressed concerns regarding the downtown code and the allowance of 3 story townhomes to be built 10 feet away from single family homes. Planning Director Anderson stated that the Planning Commission will be recommending changes to the downtown plan regarding the distance between a townhome and a single- family home at a future meeting. Mayor Pro Tern Wu expressed concerns regarding the adoption of Assembly Bill (AB) 2890 concerning ADUs and inquired if the City would be facing legal issues if the Council were to restrict lot sizes, coverage, or area ratio of the aforementioned ADU, which is prohibited by AB 2890. Planning Director Anderson clarified that if Council were to take action restricting any of the aforementioned items, AB 2890 will not go into effect until next year, so there will be no possible legislation until that time. City Attorney Hall Barlow stated that the current law, effective this year, authorizes the local ordinance to impose standards on ADUs that include but are not limited to the following: parking, lot coverage, landscape, height, set back, architectural review, maximum size, and standards that prevent adverse impacts on historic places. Councilman Spence expressed concerns regarding long and short-term rentals of ADUs. 12 Tuesday June 05, 2018 Planning Director Anderson stated that a short-term rental period is 30 days and ADUs can be rented out, with the stipulation that the property owner resides in either the ADU itself, or the primary residence. Mayor Johnson opened the public testimony portion of the public hearing. The following speakers were in favor of the item: Jerri Potras Jim Bradley Nancy Anzalone The following speaker was neutral on the item: Brian Tabatabai The following speakers were in opposition of the item: Richard Flores Bryon Flores Tom Chang Jamie Lee Leticia Colchado After seeing no one else from the public wishing to speak, Mayor Johnson closed the public testimony portion of the public hearing and asked Council if they had any additional comments. Councilmember Toma commented on the multiple stipulations needed for a resident to be approved to construct a detached ADU on their property. Councilman Spence expressed concerns regarding the confusion and restrictions a resident must encounter before being allowed to build an ADU on their property. Mayor Pro Tern Wu shared his concerns regarding the housing shortage in West Covina. Councilmember Warshaw expressed his approval regarding Item No. 16. Councilman Spence expressed concerns regarding the lot size coverage percentage of 35% as well as the distance allowed between a detached ADU and the rear neighboring property. Mr. Spence also requested to bring item back to the Planning Commission for further review. Planning Director Anderson suggested that Council approve the aforementioned item first, and the Planning Department would draft a secondary code amendment that would address the proposed items Council requested to amend with regards to minimum lot size 13 Tuesday June 05, 2018 and rear setback requirements. Councilmember Toma expressed concerns regarding the distance between the primary residence and the ADU. Mayor Pro Tern Wu expressed concerns regarding sending Ordinance No. 2441 back to the Planning Commission for further review. He also inquired how the minimum lot size could be changed in the aforementioned ordinance. City Attorney Hall Barlow clarified that if Council requests for a change in the ordinance regarding the number of feet between a primary residence and an ADU, and that is the only change that Council would like to implement, they are able to do so at the first reading of Ordinance No. 2441. In addition, Ms. Hall Barlow stated that if any additional or substantial changes are made to the aforementioned ordinance, it would need to be brought back to the Planning Commission for further review. A motion was made by Councilman Spence and seconded by Councilmember Toma to introduce and waive further reading of Ordinance No. 2441, with the amendment of a six feet allowance between the primary residence and the Accessory Dwelling Unit. In addition, an initiation of a new code amendment would be brought back to the Planning Commission for further evaluation regarding the minimum lot size and rear setback requirements. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None 17) West Covina Landscape Maintenance District No. 4 - Public Hearing a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion 0 Recommendation: It is recommended that the City Council adopt the following resolution, which provides for the assessment rates to be maintained at their current levels: RESOLUTION NO. 2018-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING AND ADOPTING THE ENGINEER'S REPORT AND APPROVING THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING LANDSCAPING MAINTENANCE, RENOVATION, REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1,2018 14 Tuesday June 05, 2018 Mayor Johnson opened the public hearing. Public Works Director Consunji gave a brief overview regarding Landscape Maintenance District No. 4 and explained which City projects and improvements this district would be fiscally responsible for. Mayor Pro Tern Wu expressed concerns regarding the assessment fee amount each resident is charged, and asked Public Works Director Consunji how each amount was determined. Public Works Director Consunji addressed Mayor Pro Tern Wu's concerns and stated that the assessment fee is calculated based on the type and size of each dwelling unit located in that zone. Councilman Spence asked Public Works Consunji to elaborate on how often tree trimming is done within Maintenance District No. 4. He also asked for clarification regarding the difference between Capital Improvement Plan (CIP) funded tree trimming, and regular day-to day tree trimming. Public Works Director Consunji stated that $10,000 is the proposed budgeted for regular tree trimming, but the Capital Improvement Project (CIP) is a proposed $50,000, for a total of $60,000 a year for Maintenance District No. 4. Mr. Consunji clarified that the CIP fund is utilized if there is any additional labor that must be completed subsequent to the routine maintenance. In addition, he also stated that the proposed increase of $50,000 is to take the City to a 5-year cycle. Councilman Spence expressed concerns regarding the amount budgeted for tree trimming. Public Works Director Consunji stated that Item No. 17 is being brought before the Council to have them determine if they would like the City to do more trimming this year and less trimming next year, instead of including it as part of the routine maintenance for the City. Councilman Spence asked how much of the City's reserve money was spent on tree trimming projects. He also asked Public Works Director Consunji to clarify what year cycle the City is currently on. Public Works Director Consunji clarified that the City is currently not on a cycle. Councilman Spence suggested that public hearing Item No. 17, Item No. 18, and Item No. 19 be moved to the next Regular City Council Meeting on June 19, 2018 for further discussion. City Manager Freeland suggested for the Council to adopt the following resolutions: Resolution 2018-69, Resolution No 2018-70, and Resolution 2018-71 for all public hearings. Furthermore, since Council is not requesting a rate increase in assessment fees, 15 Tuesday June 05, 2018 if all resolutions are adopted, no additional public hearings would be necessary. After a lengthy discussion between City Council and staff, a motion was made by Councilman Spence and seconded by Councilmember Warshaw to hold over Item No. 17, Item No. 18, and Item No. 19 and continue the public hearings to the next Regular City Council Meeting on June 19, 2018. Motion was carried by a vote of 5-0. AYES: Spence, Tom, Warshaw, Wu, Johnson NOES: None ABSENT: None 18) West Covina Landscape Maintenance District No. 6 - Public Hearing a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion 0 Recommendation: It is recommended that the City Council adopt the following resolution, which provides for the assessment rates to be maintained at their current levels: RESOLUTION NO. 2018-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ., CALIFORNIA, CONFIRMING AND ADOPTING THE ENGINEER'S REPORT AND APPROVING THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING LANDSCAPING MAINTENANCE, RENOVATION, REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2018 Item No. 18 was held over until the next Regular City Council Meeting on June 19, 2018 for further discussion. 19) West Covina Landscape Maintenance District No. 7 - Public Hearing a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion 0 Recommendation: It is recommended that the City Council adopt the following resolution, which provides for the assessment rates in Landscape Maintenance District No. 7 to be maintained at their current levels: RESOLUTION NO. 2018-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING AND ADOPTING THE ENGINEER'S REPORT AND APPROVING THE ASSESSMENT CONTAINED IN 16 Tuesday June 05, 2018 THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING LANDSCAPING MAINTENANCE, RENOVATION, AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2018 Item No. 19 was held over until the next Regular City Council Meeting on June 19, 2018 for further discussion. DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 20) Ballot Measures Regarding the Elimination of the Elected City Clerk and Elected City Treasurer Offices It is recommended that the City Council consider whether to pursue proposed ballot measures regarding the elimination of the elected City Clerk and elected City Treasurer Offices and adopt the following resolutions: RESOLUTION NO. 2018-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO THE CITY CLERK'S POSITION AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018 RESOLUTION NO. 2018-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO THE CITY TREASURER'S POSITION AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018 RESOLUTION NO. 2018-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING COUNCIL MEMEBERS TO SUBMIT ARGUMENTS, SETTING PRIORITIES FOR SELECTING ARGUMENTS TO PRINT, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS RELATING TO A CITY MEASURE REGARDING THE CITY CLERK RESOLUTION NO. 2018-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING COUNCIL MEMBERS TO SUBMIT ARGUMENTS, SETTING PRIORITIES FOR SELECTING ARGUMENTS TO PRINT, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS RELATING TO A CITY MEASURE REGARDING THE CITY TREASURER 17 Tuesday June 05, 2018 RESOLUTION NO. 2018-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS City Attorney Hall Barlow gave a brief report regarding the proposed ballot measures concerning the elimination of the elected City Clerk and City Treasurer positions. Mayor Johnson expressed his approval regarding Item No. 20 and stated that the City Council should not be appointing the new City Clerk and City Treasurer and that decision should be delegated to the City Manager. Councilman Spence shared his concerns regarding the language of the ballot measure. City Attorney Hall Barlow indicated that the current Assistant City Clerk performs all of the day-to-day duties of the elected City Clerk. She also clarified that the aforementioned ballot measures would allow voters to choose whether or not they would like the offices of the City Clerk and City Treasurer to be appointed. Ms. Hall Barlow informed Council if they give direction to the City Manager to appoint both offices, she would draft an Ordinance reflecting that and would change the language on the ballot measures as well. Mayor Pro Tem Wu expressed concerns regarding delegating the appointment of City Clerk and City Treasurer to the City Manager. City Manager Freeland clarified that the City Clerk position would be appointed to the current Assistant City Clerk and that the Finance Director would be appointed to the City Treasurer. A motion was made by Councilman Spence and seconded by Councilmember Warshaw to have the City Attorney revise the ballot language in the aforementioned resolutions and have them be brought back to Council for adoption at the next Council Meeting. Motion was carried by a vote of 4-1 with Councilmember Toma in opposition. AYES: Spence, Warshaw; Wu, Johnson NOES: Toma ABSENT: None CITY MANAGER'S OFFICE 21) Appointment of City Council Representatives to External Advisory Boards It is recommended that the City Council take the following actions: 1) Make appointments to the various organizations described in the staff report; and 2) Adopt the following resolution appointing a new representative and alternate to the San Gabriel Valley Council of Governments 18 Tuesday June 05, 2018 The City Council made the following Council Liaison Appointments to the External Advisory Boards, Commissions and Committees: Audit Committee Appointments to the Audit Committee would be made at the June 19, 2018 City Council Meeting due to the need to agendize the appointments of this committee separately, leaving Councilman Spence as the representative and Councilmember Warshaw as the alternate to this Committee. City/School Cooperative Committee No change was made to this Committee, leaving Mayor Pro Tern Wu as the representative and Mayor Johnson as the alternate. Community Service Group No change was made to this Committee, leaving Councilmember Toma as representative and Mayor Johnson as the alternate. Foothill Transit Board No change was made to this Committee, leaving Councilmember Warshaw as the representative and Councilmember Toma as the alternate. Hurst Ranch No change was made to this Committee, leaving Councilmember Warshaw as the representative and Mayor Johnson as the alternate. Los Angeles County/ City Selection Committee As a mayor automatic appointment, Mayor Johnson was appointed as representative with no alternate position appointment made for this Committee. San Gabriel Valley Council of Governments (SGVCOG) Due to a conflict of interest regarding the stipend for this Committee, Councilmember Toma exited the Council Chambers during the representative appointment. A motion was made by Mayor Johnson and seconded by Councilmember Warshaw to appoint Councilmember Tom as the new representative to the SGVCOG Board. Motion was carried by a vote of 3-1-1 with Councilman Spence in opposition and Councilmember Toma abstaining from vote. 19 Tuesday June 05, 2018 AYES: Warshaw, Wu, Johnson NOES: Spence ABSENT: None ABSTAIN: Toma Due to a conflict of interest, regarding the stipend for the aforementioned Committee. Mayor Johnson exited the Council Chambers during the alternate appointment. A motion was made by Mayor Pro Tern Wu and seconded by Councilmember Warshaw to appoint Mayor Johnson as the new alternate to the SGVCOG Board. Motion was carried by a vote of 3-1-1 with Councilman Spence in opposition and Mayor Johnson abstaining from vote. AYES: Toma, Warshaw, Wu NOES: Spence ABSENT: None ABSTAIN: Johnson Councilmember Toma was appointed as the representative, with Mayor Johnson as the alternate for this Committee. San Gabriel Valley Mosquito and Vector Control District No change, with Councilman Spence as the representative and no alternate position for this committee. Sanitation District Board Due to a conflict of interest regarding the stipend for this Committee, Mayor Pro Tern Wu exited the Council Chambers during the representative appointment. A motion was made by Mayor Johnson and seconded by Councilmember Toma to appoint Mayor Pro Tern Wu as the new alternate representative to the Sanitation District Board. Motion was carried by a vote of 3-1-1 with Councilman Spence in opposition and Mayor Pro Tern Wu abstaining from vote. AYES: Toma, Warshaw, Johnson NOES: Spence ABSENT: None ABSTAIN: Wu As a mayor automatic appointment, Mayor Johnson was appointed as the representative, with Mayor Pro Tern Wu as the alternate for this Committee. Southern California Association of Governments (SCAG) 20 Tuesday June 05, 2018 No change, with Councilmember Toma as the representative and Mayor Johnson as the alternate. RESOLUTION NO. 2018-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, NAMING COUNCILMEMBER JAMES TOMA AS THE GOVERNING BOARD REPRESENTATIVE TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND MAYOR LLOYD JOHNSON AS THE ALTERNATE A motion was made by Mayor Johnson and seconded by Councilmember Warshaw to adopt Resolution No. 2018-73. Motion was carried by a vote of 4-1 with Councilman Spence in opposition. AYES: Toma, Warshaw, Wu, Johnson NOES: Spence ABSENT: None MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 22) Reconsideration of Approval of October 18, 2017 Traffic Committee Minutes Relating to the Installation of Red Curb on N. Orange Avenue between W. Eldred Avenue and W. Workman Avenue It is recommended that the City Council enforce the existing City standard and policy for the installation of red curb necessary for required safe stopping sight distance and not remove the red curb installed at all street corners along N. Orange Avenue between Eldred Avenue and W. Workman Avenue. A motion was made by Councilman Spence and seconded by Mayor Johnson to enforce the existing City standard and policy for the installation of red curb necessary for required safe stopping distance and not remove the red curb installed at all street corners along N. Orange Avenue between Eldred Avenue and W. Workman Avenue. Motion was carried by a vote of 3-2 with Mayor Johnson and Mayor Pro Tern Wu in opposition. AYES: Spence, Toma, Warshaw NOES: Wu, Johnson ABSENT: None A motion was made by Councilman Spence and seconded by Councilmember Warshaw to approve October 18, 2017 Traffic Committee Minutes Relating to the Installation of Red Curb on N. Orange Avenue between W. Eldred Avenue and W. Workman Avenue. 21 Tuesday June 05 ; 2018 Motion was carried by a vote of 3-2 with Mayor Johnson and Mayor Pro Tern Wu in opposition. AYES: Spence, Toma, Warshaw NOES: Wu, Johnson ABSENT: None COUNCILMAN TONY WU 23) Request from Councilman Wu for City Council to Discuss Prioritizing Residents of West Covina During Public Comment at City Council Meetings It is recommended that the City Council discuss whether or not to direct the City Attorney. to prepare a resolution for City Council to adopt a formal policy for City Council to prioritize residents of West Covina during the public comment period at City Council Meetings. Mayor Pro Tern Wu requested to prioritize West Covina residents over non-residents during the public comment portion of all City Council Meetings. Councilmember Warshaw expressed his disapproval regarding Item No. 23 and stated that the Mayor has the authority and discretion to select the order in which public speakers are heard. Couneilmember Toma stated his disapproval regarding Item No. 23. A motion was made by Mayor Pro Tern Wu to adopt a formal policy for City Council to prioritize residents of West Covina during a public comment period at City Council Meetings. Due to a lack of a second motion, item failed to be approved. Mayor Johnson stated that speakers during the public comment portion of the meeting will now have five minutes each to express their concerns and suggestions to Council. AB1234 Conference and Meeting Report (verbal, [any) (In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) None CITY COUNCIL COMMENTS Councilman Spence requested to agendize a formal opposition to the L.A. County Sewer Tax Plan for the next City Council Meeting. ADJOURNMENT 22 Tuesday June 05, 2018 A motion was made by Councilmember Toma and seconded by Couneilmember Warshaw to adjourn the meeting at 11:05 p.m. Mosalia A.1,3.6tWMMC. Assistant titY:derk 23